Terms Used In Virginia Code > Title 28.2 > Subtitle III - Habitat

• ABIH: means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, examination and maintenance requirements. See Virginia Code 40.1-139
• Adjacent to such authority: includes real or personal property which is contiguous, neighboring, or within reasonable proximity of an authority. See Virginia Code 15.2-6301
• Adjusted crime index: means the potential crime rate for a locality multiplied by the base year population of the locality as estimated by the Center for Public Service. See Virginia Code 9.1-165
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Agricultural activity: means any activity used in the production of food and fiber, including farming, feedlots, grazing livestock, poultry raising, dairy farming, and aquaculture activities. See Virginia Code 3.2-400
• Alarm respondent: means an individual who responds to the signal of an alarm for the purpose of detecting an intrusion of the home, business or property of the end user. See Virginia Code 9.1-138
• Allegation: something that someone says happened.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Area of operation: means an area coextensive with the territorial boundaries of the land acquired from the federal government by the authority. See Virginia Code 15.2-6301
• Armed: means a private security registrant who carries or has immediate access to a firearm in the performance of his duties. See Virginia Code 9.1-138
• Armed security officer: means a natural person employed to (i) safeguard and protect persons and property or (ii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is contracted to protect, and who carries or has access to a firearm in the performance of his duties. See Virginia Code 9.1-138
• Armored car personnel: means persons who transport or offer to transport under armed security from one place to another, money, negotiable instruments or other valuables in a specially equipped motor vehicle with a high degree of security and certainty of delivery. See Virginia Code 9.1-138
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means any political subdivision created by this chapter. See Virginia Code 15.2-6301
• Authority: means any regional facility authority organized and existing pursuant to this chapter. See Virginia Code 15.2-6400
• Authorized condemnor: means a condemnor that is specifically authorized by law to acquire property through the use of the procedure set forth in this chapter. See Virginia Code 25.1-300
• Back Bay and its tributaries: means the following, as shown on the United States Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and Knotts Island: Back Bay north of the Virginia-North Carolina state line; Capsies Creek north of the Virginia-North Carolina state line; Deal Creek; Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek; Black Gut; and all coves, ponds and natural waterways adjacent to or connecting with the above-named bodies of water. See Virginia Code 28.2-1300
• Base year: means the most recent fiscal year for which comparable data are available for: (i) population estimates by the Center for Public Service or the United States Bureau of the Census, adjusted for annexation as determined by the Department, (ii) actual state expenditures for salaries and expenses of sheriffs as reported by the Compensation Board, (iii) number of persons eligible for Temporary Assistance to Needy Families as defined in § 63. See Virginia Code 9.1-165
• BCSP: means a nonprofit corporation established to improve the practice and educational standards of the safety profession by certifying individuals who meet its education, experience, examination, and maintenance requirements. See Virginia Code 40.1-139
• Beach: means the shoreline zone comprised of unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), or the nearest impermeable man-made structure, such as a bulkhead, revetment, or paved road. See Virginia Code 28.2-1400
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• board: means a board created pursuant to § 28. See Virginia Code 28.2-1300
• board: means the board created pursuant to § 28. See Virginia Code 28.2-1400
• Board: means the Board of Physical Therapy. See Virginia Code 54.1-3473
• Board: means the Criminal Justice Services Board. See Virginia Code 9.1-101
• Board: means the Soil and Water Conservation Board. See Virginia Code 3.2-400
• Board: means the Safety and Health Codes Board. See Virginia Code 40.1-2
• Board: means the board of directors of an authority. See Virginia Code 15.2-6400
• Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
• Body determining just compensation: means a panel of commissioners empaneled pursuant to § 25. See Virginia Code 25.1-100
• Bonds: means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter. See Virginia Code 15.2-6301
• books: as used in this chapter may be interpreted in the discretion of the Board to mean books, magazines, newspapers, appropriate audiovisual materials and other printed matter. See Virginia Code 42.1-56
• Central station dispatcher: means an individual who monitors burglar alarm signal devices, burglar alarms or any other electrical, mechanical or electronic device used (i) to prevent or detect burglary, theft, shoplifting, pilferage or similar losses; (ii) to prevent or detect intrusion; or (iii) primarily to summon aid for other emergencies. See Virginia Code 9.1-138
• Centralized fleet: means the same as that term is defined in § 2. See Virginia Code 2.2-1182
• Certificate: includes a certificate of deposit and a certificate of take. See Virginia Code 25.1-300
• Certificate of deposit: means a certificate filed by an authorized condemnor with the court wherein condemnation proceedings are pending or are to be instituted, stating that any sum or sums designated therein shall be paid pursuant to the order of the court, and which is filed in lieu of the payment of funds into court as provided in subdivision A 2 of § 25. See Virginia Code 25.1-300
• Certificate of take: means a certificate recorded by an authorized condemnor with the court wherein condemnation proceedings are pending or are to be instituted, in connection with which the authorized condemnor has deposited funds with the court as provided in subdivision A 1 of § 25. See Virginia Code 25.1-300
• Certification: means the method of regulation indicating that qualified persons have met the minimum requirements as private security services training schools, private security services instructors, compliance agents, or certified detector canine handler examiners. See Virginia Code 9.1-138
• Chambers: A judge's office.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Coastal primary sand dune zoning ordinance: means the ordinance set forth in § 28. See Virginia Code 28.2-1400
• Commission: means the Marine Resources Commission. See Virginia Code 28.2-100
• Commissioner: means the Commissioner of Labor and Industry. See Virginia Code 40.1-2
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Commissioner: means the Commissioner of Marine Resources. See Virginia Code 28.2-100
• Commissioners: means the members of the board of commissioners of an authority. See Virginia Code 15.2-6301
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compensation: means any amount paid in addition to reimbursement for expenses. See Virginia Code 2.2-2813
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance agent: means an individual who owns or is employed by a licensed private security services business to ensure the compliance of the private security services business with this title. See Virginia Code 9.1-138
• condemnor: includes a state agency. See Virginia Code 25.1-100
• Council: means the Virginia Coastal Land Management Advisory Council created pursuant to § 28. See Virginia Code 28.2-1500
• Council: means the governing body of a city or town. See Virginia Code 15.2-102
• Counseling: means the application of principles, standards, and methods of the counseling profession in (i) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health. See Virginia Code 54.1-3500
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Courier: means any armed person who transports or offers to transport from one place to another documents or other papers, negotiable or nonnegotiable instruments, or other small items of value that require expeditious services. See Virginia Code 9.1-138
• Criminal history record information: means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal charges, and any disposition arising therefrom. See Virginia Code 9.1-101
• Department: means the Department of Criminal Justice Services. See Virginia Code 9.1-101
• Department: means the Department of Small Business and Supplier Diversity or any division of the Department to which the Director has delegated or assigned duties and responsibilities. See Virginia Code 2.2-1604
• Department: means the Department of Labor and Industry. See Virginia Code 40.1-2
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Detector canine: means any dog that detects drugs or explosives. See Virginia Code 9.1-138
• Devise: To gift property by will.
• Distribution formula: means that linear equation derived biennially by the Department, using standard statistical procedures, which best predicts average crime rates in all cities and eligible counties in the Commonwealth on the basis of the following factors in their simplest form:

  1. See Virginia Code 9.1-165

• Donor: The person who makes a gift.
• dune: means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp. See Virginia Code 28.2-1400
• Electronic security business: means any person who engages in the business of or undertakes to (i) install, service, maintain, design or consult in the design of any electronic security equipment to an end user; (ii) respond to or cause a response to electronic security equipment for an end user; or (iii) have access to confidential information concerning the design, extent, status, password, contact list, or location of an end user's electronic security equipment. See Virginia Code 9.1-138
• Electronic security employee: means an individual who is employed by an electronic security business in any capacity which may give him access to information concerning the design, extent, status, password, contact list, or location of an end user's electronic security equipment. See Virginia Code 9.1-138
• Electronic security sales representative: means an individual who sells electronic security equipment on behalf of an electronic security business to the end user. See Virginia Code 9.1-138
• Electronic security technician: means an individual who installs, services, maintains or repairs electronic security equipment. See Virginia Code 9.1-138
• Eligible county: means any county which operates a police department. See Virginia Code 9.1-165
• Employed: means to be in an employer/employee relationship where the employee is providing work in exchange for compensation and the employer directly controls the employee's conduct and pays some taxes on behalf of the employee. See Virginia Code 9.1-138
• Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
• Employer: means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-2
• Employment services organization: means an organization that provides community-based employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services. See Virginia Code 2.2-1604
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Expenses: means all reasonable and necessary expenses incurred in the performance of duties. See Virginia Code 2.2-2813
• Facility: means a particular building or structure or particular buildings or structures, including all equipment, appurtenances and accessories necessary or appropriate for the operation of such facility. See Virginia Code 15.2-6301
• Facility: means any structure or park, including real estate and improvements as applicable, for manufacturing, warehousing, distribution, office, or other industrial, residential, recreational or commercial purposes. See Virginia Code 15.2-6400
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Federal area: means an area coextensive with the territorial boundaries that is, or has been, occupied by a United States governmental activity or operation. See Virginia Code 15.2-6301
• Federal government: includes the United States of America, or any department, agency or instrumentality, corporate or otherwise, of the United States of America. See Virginia Code 15.2-6301
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Forestal products: means saw timber, pulpwood, posts, firewood, Christmas trees, and other tree and wood products for sale or for farm use. See Virginia Code 3.2-303
• Former federal area: means an area coextensive with the territorial boundaries that is, or has been, occupied by a United States governmental military installation and which is, or appears likely to be, subject to disposal by the United States government to public bodies, or otherwise. See Virginia Code 15.2-6301
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Governor's Agriculture and Forestry Industries Development Fund established pursuant to § 3. See Virginia Code 3.2-303
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Governing bodies: means the boards of supervisors of counties and the councils of cities and towns which are members of an authority. See Virginia Code 15.2-6400
• Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
• Governmental activity: means any of the services provided by the Commonwealth or a county, city, or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings. See Virginia Code 28.2-1300
• Governmental activity: means any of the services provided by Commonwealth or a county, city or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings. See Virginia Code 28.2-1400
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habitat: means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title. See Virginia Code 28.2-100
• High performance building certification program: means a public building design, construction, and renovation program that meets the requirements of VEES. See Virginia Code 2.2-1182
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial Hygiene: means the science and art devoted to the anticipation, recognition, evaluation, and control of environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers, and that may also affect the workplace's community. See Virginia Code 40.1-139
• Informal fact-finding conference: means an informal fact-finding conference conducted in accordance with § 2. See Virginia Code 3.2-400
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• Initial inventory: means a set of maps prepared by, at the direction of, or with the approval of the Commission which have been filed prior to January 1, 1995, with the clerk of the circuit court and the commissioner of revenue in any county in that portion of the Commonwealth separated from the larger portion of the Commonwealth by the Chesapeake Bay and in which the ungranted shores of the sea, marsh and meadowlands mapped therein are located. See Virginia Code 28.2-1500
• Inventory: means a set of maps prepared by, at the direction of, or with the approval of the Commission, mapping certain ungranted shores of the sea, marsh and meadowlands in any county in that portion of the Commonwealth separated from the larger portion of the Commonwealth by the Chesapeake Bay. See Virginia Code 28.2-1500
• Jurisprudence: The study of law and the structure of the legal system.
• Land: means real estate and all rights and appurtenances thereto, together with the structures and other improvements thereon, and any right, title, interest, estate or claim in or to real estate. See Virginia Code 25.1-100
• Law-enforcement officer: means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority; (ii) police agent appointed under the provisions of § 56-353; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (v) investigator who is a sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10. See Virginia Code 9.1-101
• local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
• Local Grant Program: means the Local Food and Farming Infrastructure Grant Program established pursuant to § 3. See Virginia Code 3.2-303
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Locksmith: means any individual that performs locksmith services, or advertises or represents to the general public that the individual is a locksmith even if the specific term locksmith is substituted with any other term by which a reasonable person could construe that the individual possesses special skills relating to locks or locking devices, including use of the words lock technician, lockman, safe technician, safeman, boxman, unlocking technician, lock installer, lock opener, physical security technician or similar descriptions. See Virginia Code 9.1-138
• Machinery: means machines, belts, pulleys, motors, engines, gears, vats, pits, elevators, conveyors, shafts, tunnels, including machinery being operated on farms in connection with the production or harvesting of agricultural products. See Virginia Code 40.1-2
• Marriage and family therapy: means the appraisal and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques and delivery of services to individuals, couples, and families, singularly or in groups, for the purpose of treating such disorders. See Virginia Code 54.1-3500
• measures: includes : (i) agricultural water quality protection management measures described in the Virginia Agricultural Best Management Practices Manual; and (ii) agricultural water quality protection management measures contained in the U. See Virginia Code 3.2-400
• Member localities: means the counties, cities, and towns, or combination thereof, which are members of an authority. See Virginia Code 15.2-6400
• Minority-owned business: means a business that is at least 51 percent owned by one or more minority individuals who are U. See Virginia Code 2.2-1604
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonvegetated wetlands: means unvegetated lands lying contiguous to mean low water and between mean low water and mean high water, including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind tides but not hurricane or tropical storm tides. See Virginia Code 28.2-1300
• North Landing River and its tributaries: means the following, as shown on the United States Geological Survey Quadrangle Sheets for Pleasant Ridge, Creeds, and Fentress: the North Landing River from the Virginia-North Carolina line to Virginia Highway 165 at North Landing Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge; and all named and unnamed streams, creeks and rivers flowing into the North Landing River and the Chesapeake and Albemarle Canal except West Neck Creek north of Indian River Road, Pocaty River west of Blackwater Road, Blackwater River west of its forks located at a point approximately 6400 feet due west of the point where Blackwater Road crosses the Blackwater River at the village of Blackwater, and Millbank Creek west of Blackwater Road. See Virginia Code 28.2-1300
• obligee: includes any bondholder, trustee or trustees for any bondholders, and the federal government when it is a party to any contract with the authority. See Virginia Code 15.2-6301
• Officer: means a member of the Virginia Marine Police. See Virginia Code 28.2-100
• Operator: means any person who exercises managerial control over any agricultural activity. See Virginia Code 3.2-400
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who owns land where an agricultural activity occurs. See Virginia Code 3.2-400
• Owner: means any person who owns property, provided that the person's ownership of the property is of record in the land records of the clerk's office of the circuit court of the county or city where the property is located. See Virginia Code 25.1-100
• Person: means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise; club, society or other group or combination acting as a unit; the Commonwealth or any department, agency or instrumentality thereof; any city, county, town, or other political subdivision or any department, agency or instrumentality thereof; or any interstate body to which the Commonwealth is a party. See Virginia Code 25.1-100
• Personal property: All property that is not real property.
• Personal protection specialist: means any individual who engages in the duties of providing close protection from bodily harm to any person. See Virginia Code 9.1-138
• Physical therapist: means any person licensed by the Board to engage in the practice of physical therapy. See Virginia Code 54.1-3473
• Physical therapist assistant: means any person licensed by the Board to assist a physical therapist in the practice of physical therapy. See Virginia Code 54.1-3473
• plan: means a site-specific plan for an agricultural activity to manage, through use of stewardship measures, one or more of the following: soil, water, plants, plant nutrients, pest controls, wastes, and animals. See Virginia Code 3.2-400
• Planning Grant Program: means the Agriculture and Forestry Industries Development Planning Grant Program established pursuant to § 3. See Virginia Code 3.2-303
• Police department: means that organization established by ordinance by a local governing body that is responsible for the prevention and detection of crime, the apprehension of criminals, the safeguard of life and property, the preservation of peace and the enforcement of state and local laws, regulations, and ordinances. See Virginia Code 9.1-165
• Pollution: means any alteration of the physical, chemical, or biological properties of any state waters resulting from sedimentation, nutrients, or toxins. See Virginia Code 3.2-400
• Population served by police departments: means the total base year population of the Commonwealth less the population served by sheriffs only. See Virginia Code 9.1-165
• Population served by sheriffs only: means the total base year population of those counties without a police department, less the latest available estimate from the United States Bureau of the Census of the total population of towns, or portions of towns, having police departments, located in such counties. See Virginia Code 9.1-165
• Potential crime rate: means the number of crimes per 100,000 persons in the base year population for each city or eligible county, as derived from the distribution formula. See Virginia Code 9.1-165
• Practice of physical therapy: means that branch of the healing arts that is concerned with, upon medical referral and direction, the evaluation, testing, treatment, reeducation and rehabilitation by physical, mechanical or electronic measures and procedures of individuals who, because of trauma, disease or birth defect, present physical and emotional disorders. See Virginia Code 54.1-3473
• Practice of substance abuse treatment: means rendering or offering to render substance abuse treatment to individuals, groups, organizations, or the general public. See Virginia Code 54.1-3500
• Prevailing average wage: means that amount determined by the Virginia Employment Commission to be the average wage paid workers in the city or county of the Commonwealth where the economic development project is located. See Virginia Code 3.2-303
• Private investigator: means any individual who engages in the business of, or accepts employment to make, investigations to obtain information on (i) crimes or civil wrongs; (ii) the location, disposition, or recovery of stolen property; (iii) the cause of accidents, fires, damages, or injuries to persons or to property; or (iv) evidence to be used before any court, board, officer, or investigative committee. See Virginia Code 9.1-138
• Private security services business: means any person engaged in the business of providing, or who undertakes to provide, armored car personnel, security officers, personal protection specialists, private investigators, couriers, security canine handlers, security canine teams, detector canine handlers, detector canine teams, alarm respondents, locksmiths, central station dispatchers, electronic security employees, electronic security sales representatives or electronic security technicians and their assistants to another person under contract, express or implied. See Virginia Code 9.1-138
• Private security services instructor: means any individual certified by the Department to provide mandated instruction in private security subjects for a certified private security services training school. See Virginia Code 9.1-138
• Private security services training school: means any person certified by the Department to provide instruction in private security subjects for the training of private security services business personnel in accordance with this article. See Virginia Code 9.1-138
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional counselor: means a person trained in the application of principles, standards, and methods of the counseling profession, including counseling interventions designed to facilitate an individual's achievement of human development goals and remediating mental, emotional, or behavioral disorders and associated distresses that interfere with mental health and development. See Virginia Code 54.1-3500
• Project: means any specific enterprise undertaken by an authority, including the facilities as hereinafter defined, and all other property, real or personal or any interest therein, necessary or appropriate for the operation of such property. See Virginia Code 15.2-6301
• Property: means land and personal property, and any right, title, interest, estate or claim in or to such property. See Virginia Code 25.1-100
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified mental health professional: includes qualified mental health professionals-adult and qualified mental health professionals-child. See Virginia Code 54.1-3500
• Qualified mental health professional-adult: means a qualified mental health professional who provides collaborative mental health services for adults. See Virginia Code 54.1-3500
• Qualified mental health professional-child: means a person who by education and experience is professionally qualified and registered by the Board to provide collaborative mental health services for children and adolescents up to 22 years of age. See Virginia Code 54.1-3500
• Quorum: The number of legislators that must be present to do business.
• Referral activities: means the evaluation of data to identify problems and to determine advisability of referral to other specialists. See Virginia Code 54.1-3500
• Region: means the area within the boundaries of the member localities. See Virginia Code 15.2-6400
• Registered peer recovery specialist: means a person who by education and experience is professionally qualified and registered by the Board to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. See Virginia Code 54.1-3500
• Registration: means a method of regulation whereby certain personnel employed by a private security services business are required to register with the Department pursuant to this article. See Virginia Code 9.1-138
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resident: means an individual who has submitted a supervisory contract to the Board and has received Board approval to provide clinical services in professional counseling under supervision. See Virginia Code 54.1-3500
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Safety Profession: means the science and discipline concerned with the preservation of human and material resources through the systematic application of principles drawn from technological advancements in the fields of education, design, chemistry, the physical and biological sciences, ergonomics, psychology, physiology, and management for anticipating, identifying and evaluating potentially hazardous systems, conditions and practices, and for developing, implementing, administering, and advising others on hazard control design, methods, procedures, and programs. See Virginia Code 40.1-139
• Security canine: means a dog that has attended, completed, and been certified as a security canine by a certified security canine handler instructor in accordance with approved Department procedures and certification guidelines. See Virginia Code 9.1-138
• Security canine handler: means any individual who utilizes his security canine in the performance of private security duties. See Virginia Code 9.1-138
• shellfish: means such species of mollusca as oysters and clams, and such species of crustacea as crabs. See Virginia Code 28.2-100
• Shores of the sea: means a beach or any unvegetated lands lying contiguous to mean low water and between mean low water and mean high water. See Virginia Code 28.2-1500
• Small business: means a business that is at least 51 percent independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 of Title 13. See Virginia Code 2.2-1604
• State agency: means any authority, board, department, instrumentality, institution, agency, or other unit of state government. See Virginia Code 2.2-1604
• State aid to sheriff-only localities: means the estimated total amount for salaries and expenses to be paid by the Commonwealth, pursuant to Article 3 (§ 15. See Virginia Code 9.1-165
• State waters: means all water, on the surface or in the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction. See Virginia Code 3.2-400
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Substance abuse treatment: means (i) the application of specific knowledge, skills, substance abuse treatment theory, and substance abuse treatment techniques to define goals and develop a treatment plan of action regarding substance abuse or dependence prevention, education, or treatment in the substance abuse or dependence recovery process and (ii) referrals to medical, social services, psychological, psychiatric, or legal resources when such referrals are indicated. See Virginia Code 54.1-3500
• Sufficient electric vehicle charging infrastructure: means provision or reservation of sufficient space to provide electric vehicle charging stations and related infrastructure, including transformers, service equipment, and large conduit, to support every centralized fleet vehicle that will be located at such building. See Virginia Code 2.2-1182
• Supervision: means the ongoing process, performed by a supervisor, of monitoring the performance of the person supervised and providing regular, documented individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person supervised. See Virginia Code 54.1-3500
• Supervisor: means a member of the board of supervisors of a county. See Virginia Code 15.2-102
• support: as used in this chapter shall include but is not limited to, purchase of land for library buildings, purchase or erection of buildings for library purposes, purchase of library books, materials and equipment, compensation of library personnel, and all maintenance expenses for library property and equipment. See Virginia Code 42.1-33
• SWaM: means small, women-owned, or minority-owned or related to a small, women-owned, or minority-owned business. See Virginia Code 2.2-1604
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tidewater Virginia: means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg. See Virginia Code 28.2-100
• Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 15.2-102
• Trustee: A person or institution holding and administering property in trust.
• Unarmed security officer: means a natural person who performs the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is contracted to protect, and who does not carry or have access to a firearm in the performance of his duties. See Virginia Code 9.1-138
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• VEES: means the Virginia Energy Conservation and Environmental Standards developed by the Department considering the U. See Virginia Code 2.2-1182
• Vegetated wetlands: means lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the county, city, or town in question, and upon which is growing any of the following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp. See Virginia Code 28.2-1300
• Venue: The geographical location in which a case is tried.
• Voter: means a qualified voter as defined in § 24. See Virginia Code 15.2-102
• Wetlands: means both vegetated and nonvegetated wetlands. See Virginia Code 28.2-1300
• Wetlands zoning ordinance: means the ordinance set forth in § 28. See Virginia Code 28.2-1300